Fontana Restraining Order Violation Attorney

Fontana Restraining Order Violation Lawyer

In California, disobeying a restraining order is a serious crime that carries heavy legal penalties. The consequences of being charged with a misdemeanor or felony can vary, ranging from fines and jail time to the restraining order being extended. To handle the intricacies of your case, if you’ve been charged with breaking a restraining order, you need the help of a Fontana restraining order violation attorney.

Why Opt for Us?

At My SoCal Lawyers, we have knowledge of criminal defense and violations of restraining orders. Our law firm is dedicated to defending your legal rights and assisting you in assembling the greatest defense possible.

A team at our firm with more than 70 years of combined legal experience will be handling your case. We have the advantage you need to handle your case since we have a thorough awareness of the local courts, judges, and legal professionals. We are dedicated to delivering individualized, goal-oriented defense, utilizing our wealth of knowledge and experience to secure the greatest possible result for you.

We are aware that not all infractions are malevolent or purposeful. In our efforts to defend clients against these accusations, we provide them with competent legal counsel and effective defense tactics.

Comprehending California Restraining Orders

Courts impose restraining orders, also known as protection or stay-away orders, to shield victims of certain crimes like sexual assault, domestic abuse, stalking, harassment, and other types of mistreatment. When a restraining order is in effect, the restricted party is subject to stringent guidelines that prohibit them from making contact with or approaching the protected party. In California, restraining orders come in four different forms:

• Domestic violence restraining order (DVRO). This is issued when family members or intimate partners mistreat one another or make threats.
• The civil harassment restraining order is applicable in cases when the parties involved are not intimately related, like coworkers or neighbors.
• Abuse of dependent or elderly adults. A restraining order guards against financial exploitation, abuse, and neglect of elderly or dependent persons.
• A restraining order for workplace violence is filed by employers in an effort to shield a worker from harassment or violence at work.

Protecting victims from additional harm is the goal of these orders, but they also impose stringent legal requirements on the person under restraint. If any of the conditions imposed by the court are broken, criminal proceedings may follow.

What Does a Violation of a Restraining Order Entail?

Restraining order violations in California are classified as “wobbler” offenses, which means that depending on the specifics of the case and the seriousness of the infraction, they may result in either a misdemeanor or a felony conviction. Typical instances of restraining order infractions are as follows:

• Going into the protected person’s house, place of employment, or educational facility.
• Causing property damage to the protected person.
• Making physical contact with the protected individual or contacting them via text, phone, social media, or other means.
• Acting in an aggressive, intimidating, or harassing manner.
• Breaking any of the order’s specified restrictions, such as keeping a set distance from the person.

Prosecutors have to show that the defendant disregarded the restraining order with knowledge and purpose. This indicates that even though you were aware of the order’s conditions, you continued to act in a way that was against them. A violation may result in penalties, probation, or even jail time. Felony offenses are punishable by longer prison terms, up to many years in state prison.

Common Legal Techniques for Defending Against Restraining Order Violations

Although defending against a restraining order violation can seem overwhelming, it is possible to reduce or perhaps get the charges dropped with the correct strategy. The following tactics are frequently employed by lawyers:

• Absence of intent. In order to get a conviction, the prosecution must prove intent. Your legal representative may argue that the infringement was unintentional if you were not aware of the restraining order or misinterpreted its terms. This could be used to contest the accusations, for instance, if you were not properly served or if the terms of the order were not clear.
• Not enough proof. The evidence against you may occasionally be flimsy or ambiguous. Your attorney might make the case that there is insufficient evidence to sustain a conviction if there are inconsistencies in the timing of events, inconsistent witness accounts, or a lack of tangible evidence. Charges in some cases might be dropped or reduced.
• Unfounded claims. People frequently get bogus accusations of violating restraining orders. False accusations, whether they are the result of miscommunication or personal hostility, can have serious consequences. Your lawyer can investigate the allegations, speak with witnesses, and call into question the veracity of the accuser’s statement in an effort to refute them.

The Penalties for Breaking a Restraining Order

Violations of restraining orders may have serious repercussions. You might spend time in county jail for misdemeanor offenses in addition to paying fines, performing community service, or attending required therapy.

Longer prison terms may result from felonies, particularly if there is violence or threat of violence. A restraining order may also be extended if you violate it, which would further limit your freedom and prevent you from seeing or interacting with particular people or locations.

How a Lawyer Can Help

Having an experienced criminal defense lawyer on your side is crucial if you are being charged with breaking a restraining order. An attorney will gather and review evidence as one of their initial steps in evaluating your case. To create a strong defense, your lawyer will review all of the information at their disposal, including digital communications, witness statements, and surveillance footage.

In cases when there is substantial proof of an offense, a criminal defense lawyer can also engage in negotiations with the prosecution on your behalf. In order to reduce the charges or penalties you face, your lawyer might be able to negotiate a plea deal with the prosecution by showcasing your willingness to accept responsibility and express regret.

Speak with My SoCal Lawyers Right Now

It can be rather stressful to deal with a restraining order violation in Fontana, but you don’t have to do it alone. No matter how complicated your case is, My SoCal Lawyers can handle it and make sure your rights are upheld while working to get the greatest result for you. Contact us today for more information.